UPDATED 7TH SEPTEMBER 2021
Terms of Service
BITMESSA.COM IS AN ONLINE WEBSITE AND SERVICE THAT ALLOWS USERS TO SECURELY SELL DIGITAL ASSETS FOR NAIRA
"Customer," "user," "you," and "your" refers to the person or entity accessing and/or using Bitmessa.com and accepting these Terms. The company," "our," "Bitmessa.com," "Website," "we," “site” and "us" collectively refers to the online website and platform "Bitmessa.com" and its owners, directors, officers, employees, operators, agents, insurers, suppliers, and attorneys.
"Party" may refer to either you or us, and "Parties" refers to both you and us. For the avoidance of any doubt, the contracting parties in our Terms are you and Bitmessa.com. In these Terms, words referring to the singular include the plural and vice versa and words referring to gender include all genders. "Cryptocurrency," "asset," "digital asset," "coin," "funds," "ledger entry," and "token" refer to blockchain-based software ledger data entries.
1. Acceptance of these Terms
By using our website, you agree to accept and follow our Terms and all applicable laws and rules, and you agree that you are responsible for compliance with and that you are compliant with, all applicable laws and rules. If you do not agree with any of our Terms, you are prohibited from using our service; in this case, you should stop using the Website immediately. Any use of the Website is your deemed acceptance of our Terms and we reserve the right to change these agreements without notice to you.
Bitmessa.com reserves the right to revise our terms at any time without notice to you. By using the website, you agree to read the current version of the Terms and comply with the current version of our Terms and conditions.
BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE:
at least 18 years old, and you have the full legal capacity to contract under applicable law, you transfer to Bitmessa.com only funds that belong to you and which was obtained only by lawful means, not performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your interaction with us or through using Bitmessa.com, and complying with and obeying all applicable laws, rules, and regulations. We reserve the right to terminate your access to the site at our sole discretion and without any explanation. Using this site is prohibited if prohibited by applicable law.
3.1 Permitted sources of funds
You are prohibited from sending Bitmessa digital assets that have been directly or indirectly obtained through any criminal or fraudulent activity, including terrorism or tax evasion. Bitmessa reserves the right to refuse, postpone or cancel a transaction, which it perceives as a risk associated with criminal or fraudulent activity. Bitmessa.com services may be used only as a software ledger entry translation mechanism between the User and Bitmessa. You are prohibited from using Bitmessa to translate ledger entries from other parties and/or to other parties.
3.2 Prohibited Jurisdictions
By using Bitmessa, you declare that you are not located in such areas or have the citizenship of such countries as Cuba, Iran, North Korea, Crimea, Sudan, Syria, the United States of America (including the island territories of the United States), Bangladesh and Bolivia, along with any other country on the United Nations Security Council sanctions list and its equivalent. Bitmessa reserves the right to choose its markets and jurisdictions to operate with and may restrict or refuse to provide its services to residents of certain countries.
Bitmessa also reserves the right to use various methods to prevent users from using the services listed above. You must comply with this section of the agreement, even if the Bitmessa methods to prevent the use of the Services do not guarantee it or can be bypassed. By accessing this site or any services of it, you represent and warrant that you are not physically located in these prohibited jurisdictions.
3.3 Restrictions of use
BY ACCESSING OR USING BITMESSA WEBSITE OR OTHER BITMESSA PRODUCTS, INCLUDING BUT NOT LIMITED TO API, YOU AGREE THAT YOU WILL NOT VIOLATE THE LAW, CONTRACT, INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES OR COMMIT OFFENSES AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR BEHAVIOR WHEN USING THE WEBSITE AND OUR SERVICES. BY USING THE SITE, YOU ALSO AGREE THAT YOU WILL NOT:
Damage, disable, overload, or attack the functioning of the Website in any manner; use any robot, spider, grabbers, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data; use trading bots or other software automatically interacting with the site through any interface. Bitmessa reserves the right to refuse to provide services to the user if there are suspicions of a violation of the above rules.
4. Deposits, Rates and Confirmations.
Because market information is highly volatile and can change quickly without necessarily notifying users of these changes, the price provided by Bitmessa may not represent an accurate market price. Using the site, the user accepts and understands the possible risks associated with changes in the exchange rate of cryptocurrencies, and Bitmessa is not responsible for any possible financial losses. Bitmessa fixes the exchange rate within 30 minutes of the transaction is created. After this interval, if the Deposit is not received, the site reserves the right to cancel the order. The user must send the exactly specified number of cryptocurrencies to the address provided by the exchange page.
The user undertakes to use additional identification to send a Deposit if provided by the site, such as Payment ID, Message, Memo, Destination Tag, etc. Ignoring these additional identifications, the user agrees that he is aware that his Deposit may be lost.
Bitmessa is not responsible for funds sent to an address other than the one indicated on the exchange page, or for funds sent without an additional identification if this additional identification is specified on the exchange page. It is important to note that a payment being broadcast to the blockchain network does not constitute an acceptance by Bitmessa of that payment. Different crypto assets require a different amount of network confirmations to be fully verified and received. These reasons, independent of Bitmessa, may affect the order execution time.
4.1 Rate changes
Cryptocurrencies and Digital Assets rates are highly volatile and transitory. We cannot be responsible for any risk in the use of the Website, including but not limited to exchange rate risk and market risk. All sales and transactions after the Bitmessa exchange are final and the amount is non-refundable.
If the cryptocurrency market is undergoing dramatic rate changes, Bitmessa may need additional time to exchange cryptocurrency at a fixed rate. In this case, the execution time of the exchange can significantly increase, or the cryptocurrency may be returned to the user at the choice of the company.
The parties agree that by “dramatic rate changes" they mean changes in cryptocurrency rates equal to 3% and higher in any direction. If there have been any changes in the cryptocurrency market and the user has decided to take advantage of any vulnerability of the site, Bitmessa can not complete the exchange operations of this User and may require extra processing time or return the cryptocurrency.
5. Refund Policy
Returns and refunds policy: transactions of cryptocurrencies, tokens and digital assets are inherently irreversible and their exchange rates are highly volatile. Bitmessa is not responsible for any risk associated with the use of the site, including but not limited to financial and market risks. All trades and orders completed with Bitmessa are final.
A refund of funds sent by the user is possible if the site interface displays the status 'Overdue', and if the user's funds were received by Bitmessa. The website won't indicate whether the failed exchange will result in a refund of the user’s deposited asset, so the user contacts our support team and provide the exchange ID and some additional information. The outgoing asset will be exchanged and sent to the user if the “Order Status” page indicates a successful exchange by displaying “Finished”. In this case, a refund is not provided.
Bitmessa requests from users on a case-by-case basis. Any decisions by Bitmessa regarding returns or exchanges are final and are not subject to further discussion.
Bitmessa only accepts one-time deposits per Exchange ID. If your funds are deposited in a transaction with more than one deposit, you will need to contact support to get a refund. The exchange rate will not be respected and your exchange cannot be completed.
5.1 Refund period
Users have a maximum 90 days period to return any assets that are stored in the Bitmessa system due to any error, whether caused by the user or us. Refund requests sent after 90 days will not be accepted. Any decisions made by Bitmessa in respect of refund in these circumstances is final.
5.2 Unsupported currencies
Unsupported digital assets that are deposited into our system on unrelated wallets cannot be refunded. Bitmessa reserves the right to consider such a case individually. Any decisions made by Bitmessa concerning such assets deposited when they are no longer supported are final.
5.3 Minimum Refund Amounts
For deposits less than a certain amount, Bitmessa does not provide refunds. The amount of this minimum is determined at the discretion of Bitmessa. Users are advised not to use the service for orders of the size of 30$ or less.
6. Countering Phishing Scams
Bitmessa is not responsible for the funds that were sent to a fake phishing website that imitates Bitmessa. It is the user's responsibility to verify that they are visiting the correct domain and to locate the security certificate in the URL bar of their browser. Users should not trust personal messages and requests from people who claim to represent Bitmessa. If you cannot verify that this is an official request from Bitmessa and in case of any doubt, please contact us directly to check any messages. Stay diligent and please report any phishing to us at firstname.lastname@example.org.
7. Privacy and Transparency Statement
Bitmessa maintains the privacy of its users by not requesting any unnecessary information for the use of the service or comporting with our obligations under applicable law. Bitmessa only stores some data if is necessary to provide a necessary level of support for its users (for example, when refunds are needed or some problems take place).
Any graphic or text or information materials contained in the site are protected by applicable copyright and trademark laws and treaties.
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